West Virginia Containers regulations & environmental compliance analysis

West Virginia Containers: What you need to know

Governing Law and Regulations

Container requirements: West Virginia Regulations (WV Reg.) 33-20-7.2 and WV Reg. 33-20-8.1 (interim status)

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Empty container rules: WV Reg. 33-20-3.1

Organic air emissions standards: WV Reg. 33-20-7.7 and WV Reg. 33-20-8.5 (interim status)

Regulatory Agency

West Virginia Department of Environmental Protection (DEP) Division of Water and Waste Management Hazardous Waste Management Program

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. West Virginia adopts by reference the federal hazardous waste container requirements, including the federal empty container standards and organic air emissions standards. The state also adopts by reference the U.S. Environmental Protection Agency's (EPA) Hazardous Waste Generator Improvements Rule, effective in West Virginia as of June 1, 2018, which includes standards for generators accumulating hazardous waste on-site in containers.

Owners and operators of hazardous waste treatment, storage, and disposal facilities (TSDFs) that use containers must comply with the state's permit application requirements and pay several state facility fees that are in addition to the container requirements specified in the federal rules. For more information regarding these state requirements, see the state section TSDF PERMITS.

Administration and enforcement. The Division of Water and Waste Management of the West Virginia Department of Environmental Protection (DEP) administers and enforces the hazardous waste container rules in West Virginia.

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